DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is written in response to an amendment filed on 9/15/2026. As directed by amendment: Claims 3, 10, and 16-17 were amended. No new claims were added and no claims were cancelled. Thus, Claims 1-17 are presently pending in this application.
Response to Arguments
No specific arguments were presented in the Remarks filed, 9/15/2026, regarding the 103 rejection of Claims 15-16.
Terminal Disclaimer
The terminal disclaimer filed on 9/15/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12160513 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Milam et al (“Milam”, US 20230043095, included in IDS filed 9/20/2024) in view of Talyansky et al (“Talyansky”, US 20180247151, included in IDS filed 9/20/2024).
Regarding Claim 15, Milam teaches a method for secure user identification using digital image processing, the method comprising:
receiving, via a first user input device, an input selection of a first image from a first user (Fig. 6, elements {600, 602, 604, 606, 608, 610, 612}, par 59-65),
extracting features of the first image (Fig. 6, elements {600, 602, 604, 606, 608, 610, 612}, par 59-65);
determining a secure image matching the first image based on at least the features of the first image (Fig. 6, elements {600, 602, 604, 606, 608, 610, 612}, par 59-65);
Milam does not explicitly teach wherein the first image is associated with a second user; extracting, from the secure image, a unique device identifier associated with the second user embedded thereon; and transmitting control signals configured to cause the first user input device to display the unique device identifier.
Talyansky teaches wherein the first image is associated with a second user (par 34; Fig. 5, elements {502, 508, 510}, par 41-46; The second user is a user of another device such as device 491. The first image is Img1.);
extracting, from the secure image, a unique device identifier associated with the second user embedded thereon (par 34; Fig. 5, elements {502, 508, 510}, par 41-46; The second user is a user of another device such as device 491.);
and transmitting control signals configured to cause the first user input device to display the unique device identifier (par 34; Fig. 5, elements {502, 508, 510}, par 41-46; The unique device identifier is displayed in the table.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Milam with the device ID of Talyansky because it uniquely identifies which device is being used (Talyansky; par 34).
Regarding Claim 16, Milam and Talyansky teach the method of claim 15.
Milam further teaches wherein the method further comprises: retrieving the NFT from the distributed ledger in response to receiving the input selection of the first image from the first user (Fig. 6, elements {600, 602, 604, 606, 608, 610, 612}, par 59-65; par 21-22; The distributed ledger is the blockchain that the NFT is stored on.);
retrieving, from a metadata layer of the NFT, the secure image (Fig. 6, elements {600, 602, 604, 606, 608, 610, 612}, par 59-65);
and extracting, using a feature extraction engine, features of the secure image (par 29-31; Fig. 6, elements {600, 602, 604, 606, 608, 610, 612}, par 59-65; The feature extraction engine is the computing resource extracting features of the secure image.).
Allowable Subject Matter
Claims 1-14 are allowed.
Claims 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In interpreting the currently amended claims, in light of the specification, the Examiner finds the claimed invention to be patentably distinct from the prior art of record.
Regarding Claims 1-14, the closest prior art of record Milam et al (US 20230043095) in view of Talyansky et al (US 20180247151) does not teach a system for secure user identification using digital image processing, the system comprising: at least one memory device with computer-readable program code stored thereon; at least one processing device operatively coupled to the at least one memory device, wherein when executed the computer-readable code is configured to cause the at least one processing device to: receive, via a first user input device, an input selection of a first image from a first user, wherein the first image is associated with a second user; extract features of the first image; determine a secure image matching the first image based on at least the features of the first image; extract, from the secure image, a unique device identifier associated with the second user embedded thereon; transmit control signals configured to cause the first user input device to display the unique device identifier; receive, from a second user input device, an input loading the secure image; receive, from the second user input device, the unique device identifier; embed the unique device identifier in the secure image; generate, using a non-fungible token (NFT) generator, a first NFT for the secure image with the unique device identifier embedded thereon; record the NFT in a distributed ledger; and generate the first image representing the secure image.
Regarding Claim 17, the closest prior art of record Milam et al (US 20230043095) in view of Talyansky et al (US 20180247151) does not teach a method for secure user identification using digital image processing, the method comprising: receiving, via a first user input device, an input selection of a first image from a first user, wherein the first image is associated with a second user; extracting features of the first image; determining a secure image matching the first image based on at least the features of the first image; extracting, from the secure image, a unique device identifier associated with the second user embedded thereon; and transmitting control signals configured to cause the first user input device to display the unique device identifier; wherein the method further comprises: retrieving the NFT from the distributed ledger in response to receiving the input selection of the first image from the first user; retrieving, from a metadata layer of the NFT, the secure image; and extracting, using the feature extraction engine, features of the secure image; wherein the method further comprises: transforming, using a vectorization engine, the features of the first image into a first array of vectors; transforming, using the vectorization engine, the features of the secure image into a second array of vectors; determining that a similarity index between the first array of vectors and the second array of vectors satisfies a similarity threshold; and determining that the secure image matches the first image in an instance that the similarity index satisfies the similarity threshold.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ryan (US 20230040513, included in IDS filed 9/20/2024), Abstract - There is provided an image processing system and method for identifying a user. The system comprises a processor configured to identify a first user in an image, determine a plurality of characteristic vectors associated with the first user, compare the characteristic vectors associated with the first user with a plurality of predetermined characteristic vectors associated with a plurality of users including the first user, and identify the first user based on the comparison.
Miriyala et al (US 20230401195, included in IDS filed 9/20/2024), Abstract - A system for storing and sharing elevator trips, having: a controller; a database operationally coupled to the controller; an elevator car in electronic communication with the controller and operationally located at a first location; a network in electronic communication with the controller; a blockchain implemented on the network, and wherein the controller is configured to: store on the database, ride detail information indicative of an elevator ride experience of a passenger onboard the elevator car; generate a nonfungible token (NFT) linked to the ride detail information; and upload the NFT to the blockchain.
Suk (US 20230145439, included in IDS filed 9/20/2024), Abstract - Provided is a method of providing an authentication service using a decentralized identifier (DID) and a non-fungible token (NFT) which includes storing, in an authentication information database, authentication information, packing the authentication information in the NFT and then registering the NFT authentication information in a block chain, transmitting the NFT to a user terminal, comparing, by a purchaser terminal who intends to purchase the NFT, the NFT uploaded from the user terminal with the NFT registered in the block chain and then transmitting the result to the purchaser terminal, and allowing the purchaser terminal to photograph the surface fingerprint of the product when the purchaser terminal receives the product which is the real asset certified with the NFT and authenticating that the product is an original when the surface fingerprint packed in the NFT registered in the block chain matches the surface fingerprint photographed by the purchaser terminal.
Sun (US 20230118312, included in IDS filed 9/20/2024), Abstract - A computer-implemented method of providing real time authentication of a non-fungible token (NFT). The method includes: receiving a user selection of an NFT; retrieving underlying digital asset of the selected NFT; displaying the underlying digital asset; and displaying a digital certificate while the underlying digital asset is displayed; wherein the digital certificate is made only available when the NFT is authenticated.
Copeland et al (US 20230085677, included in IDS filed 9/20/2024), Abstract - A system that allows owners of Non Fungible Tokens (NFTs) to access an NFT via a physical item. The physical item may include authenticating information that enables the system to verify ownership of an NFT that is maintained in a remote database, such as a blockchain ledger. The item thus enables the owner to quickly and securely access the digital asset associated with the NFT via a reader, such as a smart phone or other computing device. The system provides a method for binding an NFT to the physical item, and a corresponding method for accessing the NFT and the related digital asset later using the physical item.
Fowler et al (US 20220343328, included in IDS filed 9/20/2024), Abstract - A system for verifying a user device and obtaining the right to purchase an NFT comprising: a server system comprising at least one server, at least one database, and at least one user device; populated on said server system are a plurality of operable rules wherein said operable rules are met by actions performed by scanning by the user device one or more tags positioned within a geofence; defining at least a first rule wherein said user device confirms ownership of a ticket corresponding to a first tag by sending a request to the user device to identify a digital record matching the tag ID; verifying a location by determining whether the scan by the user device of the first tag was within the geofence; and redirecting the user device to a page selling or offering for sale the NFT.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQIUL AMIN CHOUDHURY whose telephone number is (571)272-2482. The examiner can normally be reached Monday-Friday 7:30 AM - 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached at 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAQIUL A CHOUDHURY/Examiner, Art Unit 2444
Prosecution Insights